Hypothetical Question?
Find answers to your legal question.
Hypothetical Question?
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I am a Godmother. My friend gave me ... well basically 'second dibs' on her son. Her mother is to take him and if she cannot support him, then I am to take him. Now, what if I notice or know the grandmother is unfit but unwilling to give up her child, would I be able to take her to court for custody of him?
I know we are not related by blood or marriage but, if she were to put in her will that 'should C feel that the grandmother is not taking the best care of the child either by neglect or any type of abuse, she should be given the child'. Not entirely sure how that would work. I just don't particularly like her mother's way of raising children, you want mentally screwed up kids, meet my friend.
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Amy B
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Hmmmm....I think if she put it in her will you may have a legal stand. The problem is, the grandmother would definitely fight it, and you would be in for quite a legal battle. Unfortunately, the courts often put children in the care of blood relatives only because they are blood. So, you may end up just losing in the end anyways. Does your friend have issues with her mom's child rearing abilities? If she does, maybe she should just make provisions for you to be the child's next of kin. |
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eve
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This sounds very complicated. This is not about adoption per se, is it? Is this about custody incase the mother dies? I think you are setting yourself up for a really awful situation. If the mother wants her to have custody, then that it how it would be. Clearly if the mother is abusive or neglectful then that would have to be proven and then you could step in and get custody. But, it isn't a matter of you and the mother having different ideas about how to raise the child. And it has nothing to do with blood or marriage. It has to do with what the original mother requested. You will have no power of any kind to do anything with the child unless the mother is deemed unfit and that is hard to prove. There is no need to state anything like "if there is abuse ..."because that is always the case. Child abuse is against the law. |
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Lydia
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She would have to make you legal guardian of the child in her will. |
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Still Me
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No, sorry, you would not be able to do that.
But if you observe or suspect the grandmother is abusing or neglecting the child, you are REQUIRED by law to report it to Children's Protective Services. |
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StacieG
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I think she would be very wise to have an attorney add some wording to a will to that effect. You might want to talk over your concerns with her. |
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De
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mother better put something in her will about this just incase and that will give you a leg to stand on |
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Highroller
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Legal advice should be obtained from an attorney. Please tell me that you would not consider accepting answers to this type of question when your answers will not be from a trained professional. |
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